The track, Gimme All Your Luvin' leaked in November, and will feature on Madonna's upcoming 2012 album.
According to Reuters, police didn't give the name of the 31-year-old, but revealed he was arrested in the city of Zaragoza in northern Spain and that he was 'a big Madonna fan'.
They reportedly found recordings of the song amongst the suspect's belongings.
He has been charged and released.
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